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1. [2013] NZEmpC 90 Hamon v Coromandel Independent Living Trust [pdf, 69 KB]

   ...1 [2012] NZEmpC 118. 2 [2013] NZEmpC 56. The total costs sought amounted to $18,774.85. [6] Counsel for the defendant referred to two of the three leading cases on costs in the Court of Appeal, Victoria University of Wellington v Alton-Lee, 3 Binnie v Pacific Health Limited. 4 [7] Counsel for the defendant submitted that the proper approach to determining costs was to enquire into the reasonableness, decide on the level of the contribution

2. Reihana v Benedito - Punakitere 4J2B2B [2018] Māori Appellate Court MB 32 (2018 APPEAL 32) [pdf, 246 KB]

   ...rights or interests. The requirements of natural justice are “flexible”, “adaptable”, and “context specific”, and cannot be neatly tabulated: “This is an area of broad principle, not precise rules”. Prescribing prescriptive rules of universal application would introduce “a new formalism” – a “recipe for judicialisation on an unprecedented scale”. The courts will look at the matter “in the round” to determine whether the process was fair. Higher standard...

3. Vaerla v Devi [2014] NZIACDT 3 (29 January 2014) [pdf, 87 KB]

   ...AND IDENTITY OF THE PARTIES NOT TO BE PUBLISHED PENDING FURTHER ORDER OF THE TRIBUNAL INTERIM DECISION REPRESENTATION: Registrar: In person. Complainant: In person. Adviser: Mr S Singh, Singhs Barristers & Solicitors, Auckland. Date Issued: 29 January 2014 2 DECISION Preliminary [1] The Registrar received a complaint relating to the adviser. [2] The Registrar identified the basis of the complaint as being that the adviser: [2...

4. Youngman v Waikato District Health Board (Strike-Out Application) [2017] NZHRRT 43 [pdf, 171 KB]

   ...HUMAN RIGHTS REVIEW TRIBUNAL [2017] NZHRRT 43 Reference No. HRRT 066/2015 UNDER THE PRIVACY ACT 1993 BETWEEN KELVYN JAMES YOUNGMAN PLAINTIFF AND WAIKATO DISTRICT HEALTH BOARD DEFENDANT AT AUCKLAND BEFORE: Ms MA Roche, Co-Chairperson Ms LJ Alaeinia, Member Mr MJM Keefe JP, Member REPRESENTATION: Ms OJ Morgan for plaintiff Mr PM White for defendant DATE OF HEARING: Heard on the papers DATE OF DECISION: 17 November 20...

5. Badillo-Lopez v Uber New Zealand (Strike-Out Application) [2019] NZHRRT 18 [pdf, 232 KB]

   Reference No. HRRT 008/2017 UNDER THE PRIVACY ACT 1993 BETWEEN VICENTE BADILLO-LOPEZ PLAINTIFF AND UBER NEW ZEALAND DEFENDANT AT AUCKLAND BEFORE: Ms M Roche, Chairperson Dr SJ Hickey MNZM, Member Mr RK Musuku, Member REPRESENTATION: Mr V Badillo-Lopez in person Mr J Edwards and Ms R Carter for defendant DATE OF HEARING: Heard on the papers DATE OF DECISION: 22 March 2019 DECISION OF TRIBUNAL STRIKING OUT CLAIM1 [1] In February...

6. [2023] NZEmpC 70 Pietras v Vegar [pdf, 200 KB]

   ...before commencing his claim. 1 For clarity, the plaintiff, Mr Jacob Pietras is represented by counsel, Mr Joshua Pietras. Mr Pietras says he undertook 6 hours of work for Ms Vegar, but was not paid [3] In June 2020, Mr Pietras was a university student looking for extra income. [4] He saw a job advertised on the Student Job Search website. The job was for a fixed term role, collecting signatures for a parliamentary petition entitled “Stop Trading New Zealand Awa...

7. Xi v Body Corporate 198693 (Costs) [2024] NZHRRT 19 [pdf, 170 KB]

   ...aside a bankruptcy notice,14 in her opposition to the application to adjudicate her 9 Beauchamp v B & T Co (2011) Ltd (Costs) [2022] NZHRRT 30 (Beauchamp) at [15] and [16]. 10 Beauchamp as above, at [15]; referencing Smith at [5]; and Turner v University of Otago (Costs) [2021] NZHRRT 48, at [7.1]. 11 See Smith at [47] and Turner at [7.2]. 12 See Smith 4 at [5] and Turner at [7.1] and the table Costs Awarded published on the Tribunal’s web page. [ 13 Tao v Body Corporate 198693...

8. [2009] NZEmpC AC 26/09 Merchant v CE of the Department of Corrections [pdf, 35 KB]

   KEN MERCHANT V CHIEF EXCEUTIVE OF THE DEPARTMENT OF CORRECTIONS AK AC 26/09 [25 June 2009] IN THE EMPLOYMENT COURT AUCKLAND AC 26/09 ARC 54/05 IN THE MATTER OF a challenge to a determination of the Employment Relations Authority AND IN THE MATTER OF an application for costs BETWEEN KEN MERCHANT Plaintiff AND CHIEF EXCEUTIVE OF THE DEPARTMENT OF CORRECTIONS Defendant Hearing: Submissions received 30 January & 3 April 2009 Judgment: 25 June 2009...

9. [2016] NZSSAA 028 (20 April 2016) [pdf, 78 KB]

   [2016] NZSSAA 028 Reference No. SSA 168/15 IN THE MATTER of the Social Security Act 1964 AND IN THE MATTER of an appeal by XXXX of Auckland against a decision of a Benefits Review Committee BEFORE THE SOCIAL SECURITY APPEAL AUTHORITY Ms M Wallace - Chairperson Mr K Williams - Member Lady Tureiti Moxon - Member HEARING at AUCKLAND on 8 March 2016 APPEARANCES The appellant in person P Siueva for the Chief Executive of the Ministry of Social...

10. [2025] NZEmpC 10  DQJ v The Commissioner of Inland Revenue [pdf, 267 KB]

    ...Wellington, 2021) at [8.9]; Karerybflot AO v Udovenko [2000] 2 NZLR 24 (CA); A Worker v A Farmer [2010] NZCA 547, [2010] ERNZ 407; Elmsly v Health Waikato Ltd [2002] 1 ERNZ 85 (EmpC); see too Mark Freedland The Personal Employment Contract (Oxford University Press, Oxford, 2005) at ch 8. 11 Udovenko, above n 10, at [37] (citations omitted) (emphasis added). 12 The Power Co Ltd v Gore District Council [1997] 1 NZLR 537 (CA), citing National Carriers Ltd v Panalpina (Northern) Ltd [19...